Archive 2023

The 15 rules for writing letters

As legal practitioners we pour our energy into practising law and acquiring knowledge of the law. However, that is not the only skill required to practise our profession. We also […]

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Default awards in arbitration proceedings

The provision for a default award in arbitration proceedings, is contained in s 15(2) of the Arbitration Act 42 of 1965. This section provides for the arbitration tribunal to proceed […]

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Changes to the HPCSA’s professional conduct inquiry process may improve efficiency and practitioner well-being

In June 2023, the Minister of Health, Dr Joe Phaahla, published new regulations (GN R3564 GG48838/23-6-2023), which amended the Health Professions Council of South Africa’s (HPCSA) professional conduct inquiry process. […]

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Cinderella and the ‘will’ for change: Some suggestions

We all know the fairy tale of Cinderella, who had to submit to the ill-treatment of her stepmother who had usurped her deceased father’s estate. What we do not know […]

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Unfair discrimination of ‘older person’ definition found in the Older Persons Act

The Constitution is the supreme law, and it provides protection to all those lives within the Republic (s 7 of the Constitution). Chapter 2 of the Constitution contains the Bill […]

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Exploring the availability of s 7(3) redistribution to spouses in foreign marriages

By Kobus Brits Section 7(3) of the Divorce Act 70 of 1979 states as follows: ‘A court granting a decree of divorce in respect of a marriage out of community […]

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Arrest without a warrant – what requirements must be observed by peace officers?

This article will focus on the s 40(1)(b) of the Criminal Procedure Act 51 of 1977 and the requirements the peace officers must observe, follow, and adhere to for the […]

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Are the proposed Community Schemes Ombud Service Practice Directive orders within the Ombud’s jurisdiction?

On 14 March 2023, the Community Schemes Ombud Service (CSOS) promulgated a draft Practice Directive on s 39(7)(b) of the Community Schemes Ombud Service Act 9 of 2011 (CSOS Act). […]

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Is mediation an option in sexual violence cases?

‘Sexual [assault] cases are similar in power structure to domestic violence or criminal assault matters. In those cases there is more than a simple dispute over money or property. Instead, […]

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Everyone is protected by the law, and everyone should protect the law

In this month’s issue we feature Hilde Eksteen, a young legal practitioner based in Gauteng. Ms Eksteen was born in 1990 in Roodepoort. Her mother is an educator and father […]

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